Criminal Charges

Self-defense argument ineffective as former Raleigh teacher is found guilty of first-degree murder

Published on: October 8, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Joanna Madonna was found guilty of first-degree murder on Monday, September 28^th, in what had been a highly publicized trial in the North Carolina capital. The former Wake County schoolteacher and 48-year-old mother was sentenced to life in prison for the Father’s Day murder of her husband Jose Perez. Madonna was convicted of first-degree murder, which means the jury found that Madonna acted maliciously and with premeditation. The jury found that Madonna took her husband, who was a recovering alcoholic with serious health issues, on a drive through northern Wake County, shot and stabbed him, and left him to die in a ditch.

Rescue of Carrie Underwood’s baby and dogs locked in vehicle serves as reminder of North Carolina’s Good Samaritan law.

Published on: July 20, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

Carrie Underwood tried to warn us ten years ago of the damage she can inflict on a vehicle. In her 2005 hit song, “Before He Cheats,” Underwood sings of taking a Louisville slugger to a cheating boyfriend’s truck headlights. That Louisville slugger would have come in handy on July 11^th, albeit under very different circumstances.

Lumber Liquidators facing criminal conservation act shakedown

Published on: April 21, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

An American retail flooring company is facing criminal charges for alleged violations of Chinese law.

Jury clears officer who shot and killed unarmed backseat passenger during traffic stop

Published on: January 7, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as well as well-known celebrities, politicians, political pundits and media figures adopting the meme—some displaying the same on tee shirts proclaiming the phrase.

Long before the rage—before Michael Brown was shot to death by Officer Darren Wilson in Ferguson, Missouri, and before New Yorker Eric Garner died after being wrestled to the ground by a small team of New York City police officers—an unarmed backseat passenger in Billings, Montana was shot to death for failing to raise his hands during what began as a simple traffic stop.

Officer Grant Morrison said that on the night of April 14, 2014 he saw a car “turn quickly and decided to follow it.” After following it, Morrison said, he pulled the car over because of a “light violation.” Richard Ramirez was a passenger in the car.

Morrison testified at a hearing that after pulling the car over, he noticed that the back right passenger was pushing against the door. Morrison ordered all of the car’s occupants to raise their hands, but the 38-year-old Ramirez kept fumbling for something in his pocket.

Jury convicts man who pled “stand your ground” defense

Published on: December 17, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

A 30-year-old Montana man has been convicted of deliberate homicide in the April 27, 2014 shooting death of a German foreign-exchange student.

The man, Markus Kaarma of Missoula, Montana, found 17-year-old Diren Dede in his garage after Dede triggered motion sensors. Witnesses testified at Kaarma’s trial that the man fired four shotgun blasts at Dede. Prosecutors argued at trial that Kaarma paused before taking the fourth shot, allegedly adjusting his aim before firing a blast into Dede’s head. Dede was unarmed at the time.

Kaarma’s neighbors testified that the man was disappointed by the response of local police to previous break-ins at his home. His girlfriend, Janelle Pflager, allegedly told neighbors that Kaarma set out to bait an intruder and catch one himself. Prosecutors argued that Kaarma wanted to do more than catch a burglar; they said he was intent on “luring an intruder into his garage” in order to harm the person. On the night of Dede’s shooting, Kaarma had left the garage door partially open with a purse visible inside.

Kaarma argued at trial that he feared for his life and could not tell whether the intruder was armed or not at the time he fired the shot. His lawyers also pointed out that Kaarma had been on edge after his garage was burglarized at least once in the weeks before the shooting.

Free-speech guardians worry man’s conviction may lead to criminalization of rap music

Published on: December 3, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

The Supreme Court entertained arguments this week in a case that could lead to the criminalization of some rap lyrics.

The case involves a 31-year old “aspiring rapper who likes attention” named Anthony Douglas Elonis. In early 2010, Elonis’s wife left with the couple’s two small children. Not long after, Elonis was fired from his job at an amusement park after coworkers made at least five sexual harassment complaints against him.

Elonis took to Facebook to voice his opinions about his estranged wife, his former employer and his old coworkers.

The statements began with Elonis posting an “I wish” caption beneath a Halloween photo showing him holding a knife to a coworker’s neck. That coworker had filed a sexual harassment complaint against Elonis shortly before Elonis lost his job.

Elonis then began posting statements directed at his estranged wife. In one message, he wrote: “If I only knew then what I know now, I would have smothered your ass with a pillow, dumped your body in the back seat, dropped you off in Toad Creek, and made it look like a rape and murder.”

Interstate 77 madness: A case of no charges brought, so far…

Published on: July 3, 2014 | On behalf of Arnold & Smith, PLLC

2013 Best Lawyer In Charlotte winner Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

An old client of mine called me yesterday to report some exciting news: the truth was setting him free. He had been accused of a crime. The police called him and asked him to talk. He did, then he called me.

I told him the last thing he should do is talk to the police. When they called asking him to take a lie-detector test, he told them he would exercise his 5^th Amendment right to remain silent. Good for him.

A few days later, a police officer called to tell him the prosecutor didn’t think there was enough evidence to charge him.

“It’s not over,” I told him. “Just because they don’t have enough evidence now doesn’t mean they won’t gather more evidence and charge you later,” I said. I repeated the ages-old advice from criminal lawyers to clients: Silence is golden.

Many clients of mine – and most people in general – fail to grasp the complexity inherent in how and why people are charged with crimes. In some cases, it seems like the government is in a rush to hold someone accountable for a crime, while in other cases the plodding, methodical conduct of law enforcement and prosecutors drives a justice-hungry public crazy.